Woodlake Municipal Code Ch. 8.24 Noise

Every person, firm or corporation who shall wilfully make or continue or cause to be made or continued, any loud, unnecessary, unusual penetrating or boisterous noise, disturbance or commotion, which disturbs the peace or quiet of any neighborhood or which causes a discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area shall be deemed guilty of a misdemeanor.

(Ord. 241 § 1, 1971)

Between the hours of ten p.m. of one day and seven a.m. of the following day, it is unlawful for any person within a residential zone, or within a radius of five hundred (500) feet therefrom, to create, cause to be created or maintain sources of noise which shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in the neighborhood. Such sources shall include but not be limited to the following:

A. Excessively loud noises caused by the use or operation of radios, musical instruments and drums, phonographs, television sets, or other machines or devices for the production, reproduction or amplification of sound;

B. Operation of equipment or performance of any outside construction or repair work on buildings, structures or projects or operation of construction type device;

C. Excessively loud sounds, cries or behavioral noise caused by the keeping or maintenance of animals or fowls;

D. Excessively loud noise caused by the operation of any machinery, equipment, device, pump, fan compressor, air conditioning apparatus, or similar mechanical device;

E. Operation of chimes, bells or other device for the purpose of advertising or inviting the patronage of any person or persons to any business enterprise;

F. Repairing, rebuilding or testing of motor vehicles or operating of any motor driven vehicle off public streets or highways.

(Ord. 241 § 2, 1971)

It is unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys patients in the hospital, providing conspicuous signs are displayed in such streets, sidewalk or any public place indicating the presence of a school, church or hospital.

(Ord. 241 § 3, 1971)

It is unlawful for any person other than personnel of law enforcement or governmental agencies, to install, use or operate within the city, and outside a building, a loud speaker or amplifying device in a fixed or movable position or mounted upon any vehicle for the purpose of giving instructions, directions, talks, address, lectures, transmitting music to any persons or assembly of persons in or upon any street, alley, sidewalk or public property without first obtaining approval of the city council.

The city council, when considering the application, shall recognize and consider the constitutional rights of free speech of all persons including the applicant, but shall also consider the correlative constitutional rights of the citizens of the city to privacy and freedom from public nuisance of loud and unnecessary noise. The council if granting permission, shall reserve the right to enforce whatever rules, conditions or restrictions that it deems necessary to insure that the sound shall be so controlled that it will not be unreasonably loud, raucous, varying, disturbing or a nuisance to persons of normal sensitiveness with the area of audibility.

Applicant shall submit in writing, at least two weeks prior to a regularly scheduled council meeting, a statement outlining:

A. Name and address of both the user and owner of the sound amplifying equipment;

B. The maximum sound producing power of the equipment including wattage used; volume in decibels, and approximate distance from which sound will be audible;

C. Whether the sound equipment will be used for commercial or noncommercial purposes.

(Ord. 241 § 4, 1971)

It is unlawful for any person within the city to sell, advertise or invite patronage for anything by public outcry or by use of any type of noise making or sound amplifying device.

However, the city council may grant an exception to this section, if after application and review, it finds that circumstances are such that an exception is warranted. The circumstances must be such that the same exception would be appropriate for any other hawker or peddler in the same situation.

In granting an exception, the city council may specify any special requirements, routes, time schedules or other standards which they deem necessary to carry out the intent of this chapter and protect the public welfare.

(Ord. 241 § 5, 1971)

In enforcing the provisions of this chapter, the enforcing officer shall utilize, but shall not be limited to, the following general standards:

A. The volume, intensity and duration of the noise;

B. Whether the nature of the noise is usual or unusual;

C. Nature and zoning of the area within which the noise emanates;

D. The time of the day or night the noise occurs; and

E. Whether the noise is recurrent, intermittent or constant.

(Ord. 241 § 6, 1971)

The provisions of this chapter shall have no application to the sounding of a siren or the making of other usual signal or signals by any police or other peace officers in the performance of their duties, nor to the sounding of any siren upon any ambulance or fire fighting equipment in the usual and customary manner.

(Ord. 241 § 7, 1971)

A violation of this chapter is not punishable as an infraction or misdemeanor, a violation of this chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Chapter 1.12.070.

Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Chapter 1.12.110.

(Ord. 241 § 8, 1971)

(Ord. No. 641, § 2, 11-8-2021)